Act No. 13, 2003
MEDICINES AND RELATED SUBSTANCES
CONTROL ACT, 2003
(c)
a complementary medicines register relating to complementary medicines;
and
(d)
such other registers as may be prescribed under this Act,
in which the Registrar must enter the particulars of every medicine the registration of
which has been approved by the Council in relation to the register concerned and such
particulars in regard to any other thing as may be prescribed under this Act.
(2) The Registrar may in respect of any register referred to subsection (1) keep
that register also in electronic form.
Prohibition on sale of medicines, which are subject to registration and are not
registered
18. (1) Except as provided in this section or section 27, a person may not
sell a medicine, which is subject to registration by virtue of a resolution published in
terms of subsection (3), unless that medicine is registered.
(2) The Council, by resolution approved by the Minister, may from time to
time determine that a medicine or a category of medicines is subject to registration in
terms of this Act.
(3)
A resolution referred to in subsection (2)
(a)
may relate only to medicines, which were available for sale in Namibia
immediately prior to the date of publication of such resolution or only to
medicines which were not so available then; and
(b)
must be published by the Registrar in the Gazette.
(4) In the case of a medicine, which was available for sale in Namibia
immediately before the date of publication in the Gazette of a resolution subjecting that
medicine to registration, the sale of that medicine becomes prohibited
(a)
after six months from the date of publication of the resolution, if the
registration of that medicine is not applied for before the expiry of that
period; or
(b)
one month after the date of publication in the Gazette of a notice in respect
of that medicine in terms of section 19(13), if the registration of the medicine
is applied for under section 19 within six months after the date of publication
of the resolution and the application is rejected.
(5)
Subsection (1) does not apply in respect of the sale of a medicine
(a)
compounded by a medical practitioner, a pharmacist, a practitioner, a
registered nurse, a veterinarian, or a para-veterinary professional, in the
course of carrying on his or her professional activities for a particular person
or animal in a quantity not greater than the quantity required for treatment
as determined by the medical practitioner, the pharmacist, the practitioner,
the registered nurse, the veterinarian or the para-veterinary professional; or
(b)
compounded by a pharmacist in a quantity not greater than that prescribed
under this Act for sale in the retail trade, subject to the conditions prescribed,
or in a quantity for a particular person or animal as prescribed by a medical
practitioner, a dentist, a practitioner, a veterinarian or a para-veterinary
professional, as the case may be,